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Minnesota Eviction &
Collection Law for Landlords

Landlords who are faced with a tenant who refuses to pay rent should first concentrate on evicting the tenant, so that the rental property can then be rented to a new paying tenant as soon as possible. (Since 1999, these actions have been known as eviction actions rather than unlawful detainer actions). 

How do I start the eviction process?

Before beginning the eviction process, the landlord must comply with Minnesota Statute Section 504B.181 which requires that either 1) the lease disclose the name and address of the entity authorized to manage the property and a person authorized to accept service of process and receive and give receipts for notices and demands AND posting in a conspicuous place on the property a typewritten or printed notice containing the above information OR 2) the above information was known by the tenant not less than 30 days before the filing of this action because, for example, the tenant was provided the above information at least 30 days before the eviction complaint was served on the tenant.  In my opinion, the best option is to mail the notice to the tenant more than a month before beginning eviction proceedings along with a formal notice to vacate.   The notices will serve to show the tenant that the landlord is serious and could cause the tenant to finally pay the outstanding rent, obviating the need to bring an eviction action.

What if the tenant doesn’t move out after I give him notice?

If more than 30 days have passed since the service of the notices and settlement has not occurred, an Eviction Action Complaint should be filed with the court.  A copy of the lease should be filed with the Complaint.  Unfortunately, the filing fee is quite expensive (about $250, depending on the county).  Furthermore, if the landlord is a corporation, Minnesota law requires that a licensed attorney represent it in the eviction action.

What happens after I file an eviction with the court?

Once filed, the Court will provide the landlord with copies of a summons which must then be served on the tenant.  The affidavit of service must then be filed with the Court at least three days prior to the eviction hearing.  If the tenant does not appear at the hearing or if there are no factual issues for trial, the court should issue a writ of recovery (order to vacate).  If the tenant fails to vacate the premises, the landlord may then arrange for the sheriff to forcibly remove the tenant pursuant to Minnesota Statute Section 504B.365.

Now that the tenant is out, how do I collect the unpaid rent?

Once the tenant has been evicted, the landlord can then accurately determine the amount of property damage as well as the amount of unpaid rent and bring a collection action against the former tenant.  Assuming the total comes to $7,500 or less, such an action should be brought in conciliation court in the county where the tenant now resides.  If the tenant resides out-of-state, the action may be brought in the county where the landlord is located.  If the tenant’s whereabouts are unknown, the landlord will have to wait until the tenant’s new address is determined.  (Hopefully, the landlord will have initially obtained the tenant’s social security number which will aid in tracking down the former tenant).

The conciliation court filing fee ranges between $50 and $65, depending on the county, and the fee will later be added to the judgment, assuming the landlord wins in court.  Once the conciliation court statement of claim is filed with the court, the court will serve the claim on the former tenant by mail if the claim is for $2,500 or less.  However, if the former tenant now resides out-of-state or if the claim is for more than $2,500, most county courts will mail a copy of the statement of claim to the landlord which must then hire a sheriff or process server to serve it personally on the former tenant.  (The courts do allow service of in-state debtors by certified mail but such service is not recommended by this author, as the debtor may refuse to pick up the certified mail at the post office).

Once service is achieved, the original affidavit of service should be filed with the court.  In my experience, only about 20% of debtors then appear at the subsequent conciliation court hearing to contest the claim.  However, even if the former tenant does not appear, the landlord will still have to prove its claim to the satisfaction of the judge.  Thus, the landlord should at least bring copies of the lease, balance sheets, and evidence of damage/repairs.  In fact, it would be good practice to bring the former tenant’s entire file, particularly if the former tenant is expected to appear at the hearing. 

The court granted me a judgment against the tenant, now what?

Assuming the conciliation court awards a judgment in favor of the landlord, the landlord will then have to wait approximately thirty days to docket the judgment in district court before the landlord can attempt to collect on the judgment.  Once the judgment is docketed in district court, the landlord can then begin to attempt to garnish wages, bank accounts, etc. 

In my experience, the easiest and fastest way to recover monies due on a judgment is from the garnishment of bank accounts.  Thus, the landlord should search its files for any check receipts from the former tenant and provide those to its attorney.  For only a $15 fee, a financial institution is required to garnish a debtor’s account to satisfy a debt, as long as the debtor does not claim to be exempt due to receipt of welfare benefits, etc.

However, if the judgment is large, a bank account is unlikely to satisfy the judgment and thus garnishment of wages may prove to be more effective.  Minnesota law does not allow garnishment of wages if the debtor earns a minimal income or if the debtor receives welfare benefits, etc.  Furthermore, it generally takes about three months before the creditor will see any monies from the garnishment of wages.  Thus, as a general rule, it makes more economic sense for the landlord to evict the non-paying tenant before bringing a collection action, as this strategy will accelerate the receipt of monies from a new paying tenant and leave the collection action for the end, which may or may not yield results.